"Enraged" Supreme Court Slaps Rs 1 Lakh Fine On NGO For "Crumbling Judiciary"

The Supreme Court on Friday imposed a Rs 1 lakh cost on an NGO for filing a writ petition against an order of the constitution bench that excluded madrasas and other minority institutes from the ambit of the Right of Children to Free and Compulsory Education (RTE) Act.

"You cannot do this to the Supreme Court. We are enraged. This is against the entire system of judiciary in this country if you start filing such cases," a bench of Justices BV Nagarathna and R Mahadevan said while slamming the NGO, which called the 2014 judgment of keeping minority schools out of the RTE Act's ambit "unconstitutional".

"You don't know the seriousness of your case. We are restraining ourselves to Rs 1 lakh cost. Don't bring down the judiciary in this country by filing such cases," the bench said.

It also questioned the advocates who were giving "such advices".

"We will have to penalise the advocates," it added.

"You are law-knowing citizens and professionals, and you file a writ petition challenging the judgment of this court under Article 32?" the bench said, and called it "grossest abuse".

As the advocate for the petitioner requested to withdraw the petition, the court said, "No. Let this be a lesson to all others who are trying to do this to the Supreme Court."

"You want to crumble the judiciary of this country," the top court said.

The court was hearing a writ petition filed by an NGO seeking to set aside its judgment that exempted the minority institutions from the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

The petitioner prayed for issuing a direction declaring that the exemption of minority educational institutions from the provisions of the RTE Act as upheld in the Pramati Educational and Cultural Trust is unconstitutional to the extent it grants blanket immunity from the RTE obligations.

It also sought a direction that all minority institutions, aided or unaided, shall comply with reasonable regulatory provisions of Section 12(1)(c) of the RTE Act, ensuring quality, inclusivity, and accountability.

It also sought the constitution of an expert committee to recommend a balanced framework reconciling Article 30 rights with Article 21A obligations.

While Article 21A deals with the right to education, Article 30 deals with the right of minorities to establish and administer educational institutions.